Maharashtra Police Act, 1951, Section 56 -- Externment order - Challenge as to - Externment order was outcome of complaints lodged by appellant against government officials, some Madrasas and persons connected with such Madrasas, who later lodged FIRs against appellant - FIR`s against appellant clearly vindictive, retaliatory and aimed to teach a lesson to appellant and..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Threat to lodge a complaint cannot possibly be a ground for passing order of externment u/s 56 of the Act, particularly when responses to government authorities to queries raised by appellant under RTI Act clearly indicate that complaints lodged by appellant against such government authorities are not frivolous..........
Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, Section 12(2)(c) -- Reservation for OBCs in local bodies - Validity of S.12(2)(c) of the Act - S.12(2)(c) of the Act is an enabling provision and it may be invoked only upon complying with triple conditions as mentioned in S.12 of the Act - Provision u/s 12(2)(c) of the Act can be saved by modifying as expression..........
Maharashtra Rent Control Act, 2000, Section 16(1)(g) -- Eviction petition - Application seeking cross-examination of plaintiff - Once amendment was allowed to be brought in written statement Court will have to decide aspect of comparative hardship also - Therefore, Court below ought to have allowed application seeking cross-examination of plaintiff - Since Court has to..........
Service -- Appointment - Post of Police Sub-Inspector - Government Resolution (GR) 2019 - Challenge as to - State issued GR without any consultation or prior approval by Maharashtra Public Service Commission - GR seeks to fill up double number of vacancies which were notified for Post - Authority cannot fill up more than notified number of vacancies advertised, as..........
Criminal Procedure Code, 1973, Section 167, 439(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 28, 29 -- Default bail - Cancellation - Contraband - Recovery of contraband one from vehicle while being transported and other in factory premises - Combined complaint filed for both offences before Special Court, Omerga (Maharashtra) wherein offences..........
Constitution of India, 1950, Article 14, 16, Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes Act, 2018, Section 4 -- Constitutional validity of Act of 2018 as amended in 2019 - Declaration of Maratha as social..........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Maharashtra Regional and Town Planning Act, 1966, Section 91 -- Town planning scheme - Deletion of Municipal Corporation as owner of private road - Private road in question never belonged to Municipal Corporation or State Government - Respondents had a public duty u/s 91 of the Act to appropriately modify scheme and to show the private road as property of its legitimate..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
